2006 Utah Code - 62A-5-103 — Responsibility and authority of division.

     62A-5-103.   Responsibility and authority of division.
     (1) For purposes of this section "administer" means to:
     (a) plan;
     (b) develop;
     (c) manage;
     (d) monitor; and
     (e) conduct certification reviews.
     (2) The division has the authority and responsibility to:
     (a) administer an array of services and supports for persons with disabilities and their families throughout the state;
     (b) make rules in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, that establish eligibility criteria for the services and supports described in Subsection (2)(a);
     (c) consistent with Section 62A-5-206, supervise the programs and facilities of the Developmental Center;
     (d) in order to enhance the quality of life for a person with a disability, establish either directly, or by contract with private, nonprofit organizations, programs of:
     (i) outreach;
     (ii) information and referral;
     (iii) prevention;
     (iv) technical assistance; and
     (v) public awareness;
     (e) supervise the programs and facilities operated by, or under contract with, the division;
     (f) cooperate with other state, governmental, and private agencies that provide services to a person with a disability;
     (g) subject to Subsection (3), ensure that a person with a disability is not deprived of that person's constitutionally protected rights without due process procedures designed to minimize the risk of error when a person with a disability is admitted to any structured residential mental retardation facility, including:
     (i) the developmental center; and
     (ii) facilities within the community;
     (h) determine whether to approve providers;
     (i) monitor and sanction approved providers, as specified in the providers' contract;
     (j) subject to Section 62A-5-103.5, receive and disburse public funds;
     (k) review financial actions of a provider who is a representative payee appointed by the Social Security Administration;
     (l) establish standards and rules for the administration and operation of programs conducted by, or under contract with, the division;
     (m) approve and monitor division programs to insure compliance with the board's rules and standards;
     (n) establish standards and rules necessary to fulfill the division's responsibilities under Parts 2 and 3 of this chapter with regard to mental retardation facilities;
     (o) assess and collect equitable fees for a person who receives services provided under this chapter;
     (p) maintain records of, and account for, the funds described in Subsection (2)(o);

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     (q) establish and apply rules to determine whether to approve, deny, or defer the division's services to a person who is:
     (i) applying to receive the services; or
     (ii) currently receiving the services;
     (r) in accordance with state law, establish rules:
     (i) relating to a mental retardation facility that is an endorsed program; and
     (ii) governing the admission, transfer, and discharge of a person with a disability;
     (s) manage funds for a person residing in a facility operated by the division:
     (i) upon request of a parent or guardian of the person; or
     (ii) under administrative or court order; and
     (t) fulfill the responsibilities described in Chapter 5a, Coordinating Council for Persons with Disabilities.
     (3) The due process procedures described in Subsection (2)(g):
     (a) shall include initial and periodic reviews to determine the constitutional appropriateness of the placement; and
     (b) with regard to facilities in the community, do not require commitment to the division.

Amended by Chapter 60, 2005 General Session